Advantages of the EB-1 Visa Immigrant Petition Category

Why Apply for an EB-1?

The EB-1 visa category allows achievers from around the world pursue their dream of attaining permanent resident status. This is an employment-based immigrant category where top-level business persons, scientists, engineers, professors, researchers and others can seek to qualify in the highest and often fastest moving immigrant category under the quota system. The EB-1 visa offers several key advantages over a regular visa, listed below.

The EB-1 Does Not Require an Existing Job Offer

One of the greatest advantages of the EB-1 Extraordinary Ability visa is that eligible individuals do not need to have a job offer and be sponsored for a PERM labor certification – a long and often complex process. However, petitioners must submit evidence that the beneficiary is going to work in the US in your area of extraordinary ability. Further, the petitioner can be a company or university or even the foreign national beneficiary himself or herself.

The petitioner may of course rely on a job offer, but this is not legally necessary as the petitioner can submit evidence that the foreign national has a viable plan to continue work in his or her field of expertise in the U.S. Such proof may include:

• A letter from a current or prospective employer
• An employment contract
• An affidavit detailing the plan start or continue one’s work in the United States.

An employer may sign and file an EB-1 petition or it may be signed and filed by the beneficiary.

 

An EB-1 Visa Saves You Time

The immigration process in the U.S. is notoriously lengthy. Many I-140 Immigrant Petitions take long periods of time to process and approve, but the EB-1 visa can be relatively quick and straightforward.

First, EB-1 cases are exempt from the “default” employment-based requirement of a PERM labor certification. Labor certification is the lengthy and intricate process that employers undergo to prove there are no qualified US workers to perform the job. EB-1 petitioners and beneficiaries can avoid this process and save valuable time as well as the risk of denial at the PERM stage.

Other time-saving advantages include:

• Premium processing option: When you file your an EB-1 petition, you can elect to file via premium processing. this means USCIS will respond to the petition within 15 days (unless there is a Request for Evidence or Notice of Intent to Deny challenge)
• Concurrent filing: When filing for an EB-1 Immigrant Petition on Form I-140, you can file concurrently with a permanent residence application on Form I-485 as long as you meet certain requirements. To qualify, your EB-1 priority date must be current
• Early work authorization: If you file for permanent residence concurrently via the I-485 Application to Adjust Process, USCIS can authorize your spouse and/or children under age 21 to start working in the country before permanent residence is approved

You Can Self-Petition for an EB-1 Visa

Not only do you not need an existing job offer for an EB-1 I-140 Immigrant Petition, you can petition entirely for yourself! In order to self-petition for an EB-1 visa, you need to prove you qualify for this category:

The Burden of Proof in EB-1 Cases

You must be able to provide that you have submitted evidence in at least three evidentiary categories such as:

• Evidence that you achieved a major internationally recognized award
• Evidence of your original contributions to your field and their major significance
• Evidence of published works about you in major publications or other media related to your work in your field
• Membership in an exclusive association involved in your field of extraordinary ability
• Evidence that you have served as a judge of other’s work in your field
• Evidence of authorship of scholarly articles in major media
• Evidence of performance in a leading or critical role in distinguished organizations
• Evidence of a high salary compared to others in the field
• Evidence of displayed work at artistic exhibitions or showcases
• Evidence of commercial success in the performing arts

USCIS often is inclined to issue a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) to challenge whether the evidence that you submit satisfies a particular category. The issue can be quite complex and our case experience can be applied to help you to put your best effort forward to convince USCIS to accept your evidence.

Even if you submit evidence that USCIS admits ticks the box in three evidentiary categories, you must still be able to show that the evidence establishes that the beneficiary possesses the required high level of expertise for the EB-1 immigrant classification. Establishing eligibility for the high level of expertise required for this classification is based on the beneficiary possessing: 1) Sustained national or international acclaim, and 2) Achievements that have been recognized in the field of expertise, indicating that the beneficiary is one of that small percentage who has risen to the very top of the field of endeavor.

Importantly, this evidence must prove you have sustained extraordinary ability in your field.

Trust Hammond Neal Moore to Work with You

To decide whether pursuing an EB-1 I-140 approval may be right for you, we encourage you to schedule a consultation with our team. At your consultation, we will listen to your story and review your situation to determine if you might be eligible for an EB-1. Our team understands the various rules and regulations regarding the EB-1 visa and prevailing USCIS adjudication trends, and can provide a frank assessment of your relative prospects so you can make an informed decision.